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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5250 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  2d Session
                                S. 5250

To reauthorize titles II and V of the Juvenile Justice and Delinquency 
            Prevention Act of 1974, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 25, 2024

Mr. Whitehouse (for himself and Mr. Grassley) introduced the following 
    bill; which was read twice and referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                                 A BILL

 
To reauthorize titles II and V of the Juvenile Justice and Delinquency 
            Prevention Act of 1974, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Juvenile Justice and Delinquency 
Prevention Reauthorization Act of 2024''.

SEC. 2. AMENDMENTS.

    (a) Definitions.--Section 103(22) of the Juvenile Justice and 
Delinquency Prevention Act of 1974 (34 U.S.C. 11103) is amended by 
inserting ``, including any prison,'' after ``secure facility''.
    (b) State Plans.--Section 223 of the Juvenile Justice and 
Delinquency Prevention Act of 1974 (34 U.S.C. 11133) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (3)--
                            (i) by striking the matter preceding 
                        subparagraph (A) and inserting the following:
            ``(3) provide satisfactory evidence that the State agency 
        has established and maintained, or is working toward 
        establishing and maintaining, an advisory group that--''; and
                            (ii) in subparagraph (A)(iv), by striking 
                        ``at the time of the initial appointment'';
                    (B) in paragraph (9)--
                            (i) in the matter preceding subparagraph 
                        (A)--
                                    (I) by striking ``not less than 75 
                                percent of'';
                                    (II) by striking ``shall be used 
                                for'' and inserting ``shall be used in 
                                accordance with the plan''; and
                                    (III) by striking ``promising 
                                programs--'' and inserting ``promising 
                                programs, which may include programs 
                                for--'';
                            (ii) in subparagraph (F)--
                                    (I) in the matter preceding clause 
                                (i), by striking ``expand the use of 
                                probation officers'' and inserting 
                                ``improve probation departments''; and
                                    (II) in clause (i), by striking 
                                ``non-violent juvenile offenders 
                                (including status offenders)'' and 
                                inserting ``youth'';
                            (iii) in subparagraph (M)--
                                    (I) in clause (i), by inserting 
                                ``restorative practices,'' before 
                                ``expanded use of probation''; and
                                    (II) in clause (ii), by inserting 
                                ``, including determining the 
                                appropriateness of programs intended to 
                                divert youth from the justice system at 
                                the earliest point possible'' before 
                                the semicolon at the end;
                            (iv) in subparagraph (V), by striking 
                        ``and'' at the end; and
                            (v) by adding at the end the following:
                    ``(X) programs to address racial and ethnic 
                disparities;
                    ``(Y) programs and projects to collect data on the 
                socioeconomic status of youth in the juvenile justice 
                system;
                    ``(Z) programs intended to help divert youth from 
                the justice system before or after arrest; and
                    ``(AA) programs in support of the initiatives 
                described in paragraphs (11) through (13) and (16);'';
                    (C) in paragraph (11)--
                            (i) in subparagraph (A)--
                                    (I) in clause (i)(II), by striking 
                                ``paragraph (23)'' and inserting 
                                ``paragraph (11)(B)''; and
                                    (II) in clause (ii)(II)(bb), by 
                                striking ``and'' at the end;
                            (ii) by striking paragraph (11)(B) and 
                        inserting the following:
                    ``(B) require that, if a juvenile is taken into 
                custody for violating a valid court order issued for 
                committing a status offense--
                            ``(i) an appropriate public agency shall be 
                        promptly notified that the juvenile is held in 
                        custody for violating the court order;
                            ``(ii) not later than 24 hours after the 
                        juvenile begins to be held, an authorized 
                        representative of the agency shall interview, 
                        in person, the juvenile;
                            ``(iii) not later than 48 hours after the 
                        juvenile begins to be held--
                                    ``(I) the representative described 
                                in clause (ii) shall submit an 
                                assessment to the court that issued the 
                                court order relating to the immediate 
                                needs of the juvenile;
                                    ``(II) the court that issued the 
                                court order shall conduct a hearing to 
                                determine--
                                            ``(aa) whether there is 
                                        reasonable cause to believe 
                                        that the juvenile violated the 
                                        court order; and
                                            ``(bb) the appropriate 
                                        placement of the juvenile 
                                        pending disposition of the 
                                        alleged violation; and
                                    ``(III) if the court that issued 
                                the court order determines the juvenile 
                                should be placed in a secure detention 
                                facility or correctional facility for 
                                violating the court order--
                                            ``(aa) the court shall 
                                        issue a written order that--

                                                    ``(AA) identifies 
                                                the valid court order 
                                                that has been violated;

                                                    ``(BB) specifies 
                                                the factual basis for 
                                                determining that there 
                                                is reasonable cause to 
                                                believe that the 
                                                juvenile has violated 
                                                the court order;

                                                    ``(CC) includes 
                                                findings of fact to 
                                                support a determination 
                                                that there is no 
                                                appropriate less 
                                                restrictive alternative 
                                                available to placing 
                                                the juvenile in the 
                                                secure detention 
                                                facility, with due 
                                                consideration to the 
                                                best interest of the 
                                                juvenile;

                                                    ``(DD) specifies 
                                                the length of time, not 
                                                to exceed 7 days, that 
                                                the juvenile may remain 
                                                in a secure detention 
                                                facility or 
                                                correctional facility, 
                                                and includes a plan for 
                                                the release of the 
                                                juvenile from the 
                                                facility; and

                                                    ``(EE) may not be 
                                                renewed or extended; 
                                                and

                                            ``(bb) the court may not 
                                        issue a second or subsequent 
                                        order described in item (aa) 
                                        relating to a juvenile unless 
                                        the juvenile violates a valid 
                                        court order after the date on 
                                        which the court issues an order 
                                        described in item (aa); and
                            ``(iv) there are procedures in place to 
                        ensure that the juvenile held in a secure 
                        detention facility or correctional facility 
                        pursuant to a court order described in this 
                        paragraph does not remain in custody longer 
                        than the shorter of 7 days and the length of 
                        time authorized by the court; and
                    ``(C) require that not later than September 30, 
                2028, the State will eliminate the use of valid court 
                orders to provide secure confinement of juveniles who 
                commit status offenses, except that juveniles may be 
                held in secure confinement in accordance with the 
                Interstate Compact for Juveniles if the judge issues a 
                written order that--
                            ``(i) specifies the authority of the State 
                        to detain the juvenile under the terms of the 
                        Interstate Compact for Juveniles;
                            ``(ii) includes findings of fact to support 
                        a determination that there is no appropriate 
                        less restrictive alternative available to 
                        placing the juvenile in such a facility, with 
                        due consideration to the best interest of the 
                        juvenile;
                            ``(iii) specifies the length of time a 
                        juvenile may remain in secure confinement, not 
                        to exceed 15 days, and includes a plan for the 
                        return of the juvenile to the home State of the 
                        juvenile; and
                            ``(iv) may not be renewed or extended;'';
                    (D) in paragraph (13)--
                            (i) in subparagraph (B)--
                                    (I) in the matter preceding clause 
                                (i), by inserting ``for adults'' after 
                                ``jail or lockup''; and
                                    (II) in clause (ii)(III), by adding 
                                ``and'' at the end; and
                            (ii) by adding at the end the following:
                    ``(C) juveniles awaiting trial or other legal 
                process who are treated as adults for purposes of 
                prosecution in criminal court and housed in a secure 
                facility, unless a court finds, after a hearing and in 
                writing and in accordance with paragraph (14), that it 
                is in the interest of justice;'';
                    (E) by striking paragraph (23);
                    (F) by redesignating paragraphs (14) through (22) 
                as paragraphs (15) through (23), respectively;
                    (G) by inserting after paragraph (13) the 
                following:
            ``(14) provide that--
                    ``(A) a juvenile described in paragraph (13)(C)--
                            ``(i) that is confined in any jail or 
                        lockup for adults shall not have sight or sound 
                        contact with adult inmates; and
                            ``(ii) except as provided in this 
                        paragraph, may not be held in any jail or 
                        lockup for adults;
                    ``(B) in determining under paragraph (13)(C) 
                whether it is in the interest of justice to permit a 
                juvenile to be held in any jail or lockup for adults, 
                or have sight or sound contact with adult inmates, a 
                court shall consider--
                            ``(i) the age of the juvenile;
                            ``(ii) the physical and mental maturity of 
                        the juvenile;
                            ``(iii) the present mental state of the 
                        juvenile, including whether the juvenile 
                        presents an imminent risk of harm to the 
                        juvenile;
                            ``(iv) the nature and circumstances of the 
                        alleged offense;
                            ``(v) the juvenile's history of prior 
                        delinquent acts;
                            ``(vi) the relative ability of the 
                        available adult and juvenile detention 
                        facilities to meet the specific needs of the 
                        juvenile and protect the safety of the public 
                        and other detained juveniles; and
                            ``(vii) any other relevant factor; and
                    ``(C) if a court determines under subparagraph (B) 
                that it is in the interest of justice to permit a 
                juvenile to be held in a jail or lockup for adults--
                            ``(i) the court shall hold a hearing not 
                        less frequently than once every 30 days, or in 
                        the case of a rural jurisdiction, not less 
                        frequently than once every 45 days, to review 
                        whether it is still in the interest of justice 
                        to permit the juvenile to be so held or have 
                        such sight or sound contact; and
                            ``(ii) the juvenile shall not be held in 
                        any jail or lockup for adults, or be permitted 
                        to have sight or sound contact with adult 
                        inmates, for more than 180 days, unless the 
                        court, in writing, determines there is good 
                        cause for an extension or the juvenile 
                        expressly waives this limitation;'';
                    (H) in paragraph (15), as so redesignated--
                            (i) by striking ``jails, lock-ups, 
                        detention facilities, and correctional 
                        facilities'' and inserting ``jails and lockups 
                        for adults, secure detention facilities, and 
                        secure correctional facilities'';
                            (ii) by striking ``, except that such 
                        reporting requirements'' and all that follows; 
                        and
                            (iii) by adding a semicolon at the end;
                    (I) in paragraph (16), as so redesignated, in the 
                matter preceding subparagraph (A), by inserting ``that 
                are culturally and linguistically competent'' before 
                ``at the State, territorial, local, and tribal 
                levels'';
                    (J) in paragraph (17), as so redesignated, by 
                striking ``gender, race, ethnicity, family income, and 
                disability'' and inserting ``gender, race, ethnicity, 
                religion, family income, disability, national origin, 
                and sexual orientation'';
                    (K) by striking paragraph (24); and
                    (L) by redesignating paragraphs (25) through (33) 
                as paragraphs (24) through (32), respectively; and
            (2) in subsection (d)--
                    (A) by striking ``In the event that any State'' and 
                inserting the following:
            ``(1) In general.--In the event that any State'';
                    (B) in paragraph (1), as so designated, by striking 
                ``802, 803, and 804 of title I of the Omnibus Crime 
                Control and Safe Streets Act of 1968'' and inserting 
                ``802 and 803 of title I of the Omnibus Crime Control 
                and Safe Streets Act of 1968 (34 U.S.C. 10222, 
                10223)''; and
                    (C) by adding at the end the following:
            ``(2) Local public and private nonprofit agencies.--Local 
        public and private nonprofit agencies within a State shall be 
        eligible to receive funds under paragraph (1)--
                    ``(A) only upon a showing by the State agency 
                designated under subsection (a)(1) of exigent 
                circumstances; and
                    ``(B) in no case for more than 2 consecutive 
                years.''.
    (c) Conforming Amendments.--
            (1) Definitions.--Section 103 of the Juvenile Justice and 
        Delinquency Prevention Act of 1974 (34 U.S.C. 11103) is 
        amended--
                    (A) in paragraph (30), by striking ``and (15)'' and 
                inserting ``and (16)''; and
                    (B) in paragraph (39), by striking ``(a)(15)'' and 
                inserting ``(a)(16)''.
            (2) Concentration of federal efforts.--Section 204(b)(7) of 
        the Juvenile Justice and Delinquency Prevention Act of 1974 (34 
        U.S.C. 11114(b)(7)) is amended by striking ``(a)(14)'' and 
        inserting ``(a)(15)''.
    (d) Authorization of Appropriations.--Section 601 of the Juvenile 
Justice and Delinquency Prevention Act of 1974 (34 U.S.C. 11321) is 
amended by striking ``fiscal years 2019 through 2023'' and inserting 
``fiscal years 2025 through 2029''.
                                 <all>
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